HomeMy WebLinkAbout02-06-2023 - Study Session Virtual Hybrid FINALSTUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
Hybrid - Virtual Meeting
February 6, 2023
Mayor Starker called the Study Session to order at 6:30 p.m.
This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. A quorum of members
(eight) of Council were present in Council Chambers for this session.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual/hybrid meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Janeece
Hoppe, Korey Stites, Valerie Nosler Beck, Leah Dozeman, and Rachel Hultin.
Also present: City Attorney, Gerald Dahl; City Clerk, Steve Kirkpatrick, City Treasurer,
Chris Miller; City Manager Patrick Goff; Deputy City Manager, Allison Scheck; Senior
Planner, Scott Cutler, interested citizens and guests.
Public’s Right to Speak
None tonight.
Note about Wheat Ridge Speaks:
Members of the public may visit the Wheat Ridge Speaks website and enter written
comments of up to 1,000 words on any Council agenda item. The deadline for the
public to submit comments is 12:00 Noon Mountain Time on the day of a Council
session so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item.
No comments appeared in Wheat Ridge Speaks for this session of Council.
1. Zoning Code Modernization
Issue
From time to time, staff recommends updating the zoning code (Chapter 26) as it
relates to best practices, lessons learned from peer cities, updated policies and
processes, to correct typographical errors, to clarify code language, and as a result of
long-range plan adoption. Both the City’s mixed-use code requirements (Article XI) and
subdivision requirements (Article IV) have not been updated in some time.
Staff Reports
Senior Planner Scott Cutler delivered to Council a detailed presentation about this item,
and the next steps for bringing it to Council. Where the City’s mixed use zone districts
and standards were created in 2010 as Article XI of Chapter 26.
ARTICLE XI (MIXED USE CODE)
The mixed-use districts were designed to create a flexible approach to land uses and to
enhance the character of Wheat Ridge’s commercial corridors. After creating the zone
districts, City Council approved legislative rezonings of the 38th Avenue corridor in 2011
and the Wadsworth corridor in 2012. Since 2010, the City has seen a large amount of
development and reinvestment in properties with mixed use zoning, which shows the
success of those districts.
However, the mixed-use code has not been comprehensively reviewed since its
adoption nearly 13 years ago. Given the large amount of development continuing to
occur in mixed use districts and the continued demand to rezone to mixed use zones,
staff has reviewed the code and will provide recommendations, and clarify regulations
as needed.
ARTICLE IV (SUBDIVISION CODE)
The City’s subdivision requirements are found in Article IV of Chapter 26 of the City
Code and were last comprehensively updated in 2014 when Ordinance 1547 repealed
an older subdivision code and replaced it with a new version. Since 2014, 125
subdivision applications have been processed by the City. Of those 125 subdivisions,
41 of those required review from Planning Commission and City Council, 13 required
review from Planning Commission only, and the remaining 71 were reviewed
administratively.
In addition to the updates needed to address affordable housing issues, there are other
recommendations within this section seek to modernize portions of the subdivision code
to provide clarity and organization within the code, to establish consistent public
improvement requirements, and to simplify the subdivision review process where
feasible.
Councilmembers had questions and comments:
Councilmembers asked detailed questions about several topics, engaging in discussion
among themselves along with staff, who answered their questions in detail. Topics
discussed included:
Traffic
CM universally thanked staff for their hard work on this and gave special thanks
2. Clean Fleet Retail Delivery Fee (CFRDF) – Tax Exemption
Issue
Effective July 1, 2022, SB21-260 created within the Colorado Department of Public
Health and Environment a clean fleet enterprise for the purpose of incentivizing and
supporting the use of electric motor vehicles and other clean fleet technologies by
owners and operators of motor vehicle fleets. The clean fleet enterprise is authorized to
impose a clean fleet retail delivery fee (CFRDF) to be paid by the purchaser of tangible
personal property delivered to the purchaser by a motor vehicle. The fee is $.27 per
delivery. City staff’s recommendation is to follow Colorado Municipal League’s (CML)
recommendation and exempt the delivery fee from taxation.
Staff Reports
Deputy City Manager, Allison Scheck (???) spoke on the item where the City does not
currently require taxpayers to report delivery fee revenues. Therefore, staff have
estimated that based on an analysis of the annual taxable revenues of seven well-
known delivery-based taxpayers, taxation of the $.27 CFRDF would generate
incremental annual sales tax revenue of $500 per year. Analyzed differently, staff
estimate that if there are 1,000 daily deliveries in Wheat Ridge, on an annualized basis,
incremental annual sales tax revenue from the CFRDF would approximate $3,500.
While the good intentions of SB21-260 are indisputable, it is widely held by municipal
finance leadership and CML that the CFRDF, at the State level, is a tax in disguise. In
fact, the Colorado Municipal League (CML) has held several forums on the subject
since early 2022. CML recommends that home-rule municipalities exempt the fee from
sales tax given the absence of clear direction about taxability of the fee from the State.
CML also believes that the fee could potentially trigger a TABOR challenge.
Councilmembers had questions and comments:
Councilmembers asked detailed questions about several topics, engaging in discussion
among themselves and with staff including who answered their questions in detail.
CM universally thanked staff for their hard work on this taxing process.
Mayor Starker entertained a consensus to direct staff to return to Council with
Consensus attained.
3. Review of Council Rules of Order and Procedure
Issue
Consensus was reached at the City Council Retreat on January 21, 2023 to bring
forward three amendments to Council Rules of Order and Procedure. Those
amendments are as follows:
1. Change the start of Regular Meetings from 7:00 p.m. to 6:30 p.m. (Section
IV.A.2)
2. Add language to the Rules that states Council Members are expected to read
online comments submitted through Wheat Ridge Speaks before the respective
meeting
3. Add language to the Rules that states Council Members are expected to attend
meetings in-person and should attend virtually only as a last resort
Staff Reports
City Manager, Patrick Goff addressed Council that the Charter of the City of Wheat
Ridge provides that the Council may determine its own rules of procedure for meetings.
Section B of Suspension and Amendment of these Rules states “These Rules may be
amended, or new Rules adopted by a majority vote of City Council Members present at
a Regular or Special Meeting, provided that the proposed amendments or new Rules
shall have been submitted in writing to City Council at a preceding meeting or a Study
Session. Any City Council Member, or the Mayor, may initiate an amendment of these
Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules
shall be reviewed and revised by the City Council as needed and as provided for
herein.”
He addressed the proposed amendments being:
1. Section 5.1. – Regular meetings of the Wheat Ridge Charter states that “The
Council shall meet regularly at least twice each month at a day and hour to be
fixed by the rules of council. Section IV.A.2. – Types of Meetings of the Council
Rules of Order and Procedures states “Regular Meetings are held the second
(2nd) and fourth (4th) Monday of each month at 7:00 p.m. unless otherwise
provided by amendment of these Rules. Proposed amendment is to change the
start time of Regular meetings to 6:30 p.m.
2. Wheat Ridge Speaks was launched in 2019 to allow constituents to review and
give input on Planning Commission and City Council actions without needing to
attend public meetings. City Council Members are notified electronically when
comments are submitted. It is the expectation that Council Members will log-in to
Wheat Ridge Speaks before the meeting to read those comments.
3. The City implemented virtual meeting technology to allow City Council, staff, and
constituents to participate in City meetings during the pandemic. This technology
is still in use and used occasionally by council, staff, or the public. The proposed
amendment is to include language in the Rules that it is the expectation that City
Council Members will participate in council meetings in-person and only virtually
as a last resort.
Councilmembers had questions and comments:
Councilmembers asked detailed questions about several topics, engaging in discussion
among themselves and with staff, who answered their questions in detail.
CM universally thanked staff for their hard work on this item.
Mayor Starker entertained a consensus to direct staff to return to Council with
Consensus attained.
4. Staff Report(s)
5. Elected Officials’ Report(s)
CM
The Mayor
ADJOURNMENT
The Study Session adjourned at 9:33 pm.
APPROVED BY CITY COUNCIL ON February 13, 2023.
_________________________________
Steve Kirkpatrick, City Clerk
_________________________________
Korey Stites, Mayor Pro Tem